As Introduced

133rd General Assembly

Regular Session S. B. No. 133
2019-2020
Senators O'Brien, Manning
Cosponsors: Senators Antonio, Brenner, Kunze, Rulli, Thomas, Williams, Yuko

A BILL
To amend sections 181.21, 181.26, 5120.021, 1
5120.038, 5120.113, and 5149.04 of the Revised 2
Code to modify the Corrections Law regarding a 3
Department of Rehabilitation and Correction 4
reentry program for certain offenders, maximum 5
workload and caseload standards for parole and 6
field officers, GPS monitoring of offenders 7
released from prison, and entry into LEADS of 8
specified information about GPS-monitored 9
offenders, and to require the Ohio Criminal 10
Sentencing Commission to appoint an Offender 11
Supervision Study Committee. 12

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 181.21, 181.26, 5120.021, 13

5120.038, 5120.113, and 5149.04 of the Revised Code be amended 14
to read as follows: 15

Sec. 181.21. (A) There is hereby created within the 16

supreme court the state criminal sentencing commission, 17
consisting of thirty-one members. One member shall be the chief 18
S. B. No. 133 Page 2
As Introduced

justice of the supreme court, who shall be the chairperson of 19

the commission. The following ten members of the commission, no 20
more than six of whom shall be members of the same political 21
party, shall be appointed by the chief justice: one judge of a 22
court of appeals, three judges of courts of common pleas who are 23
not juvenile court judges, three judges of juvenile courts, and 24
three judges of municipal courts or county courts. Four members 25
shall be the superintendent of the state highway patrol, the 26
state public defender, the director of youth services, and the 27
director of rehabilitation and correction, or their individual 28
designees. The following twelve members, no more than seven of 29
whom shall be members of the same political party, shall be 30
appointed by the governor after consulting with the appropriate 31
state associations, if any, that are represented by these 32
members: one sheriff; two county prosecuting attorneys, at least 33
one of whom shall be experienced in the prosecution of cases in 34
juvenile court involving alleged delinquent children, unruly 35
children, and juvenile traffic offenders; two peace officers of 36
a municipal corporation or township, at least one of whom shall 37
be experienced in the investigation of cases involving 38
juveniles; one former victim of a violation of Title XXIX of the 39
Revised Code; one attorney whose practice of law primarily 40
involves the representation of criminal defendants; one member 41
of the Ohio state bar association; one attorney whose practice 42
of law primarily involves the representation in juvenile court 43
of alleged delinquent children, unruly children, and juvenile 44
traffic offenders; one full-time city prosecuting attorney; one 45
county commissioner; and one mayor, city manager, or member of a 46
legislative authority of a municipal corporation. Two members 47
shall be members of the senate, one appointed by the president 48
of the senate and one appointed by the minority leader of the 49
senate. Two members shall be members of the house of 50
S. B. No. 133 Page 3
As Introduced

representatives, one appointed by the speaker of the house of 51

representatives and one appointed by the minority leader of the 52
house of representatives. 53

The chief justice shall become a member of the commission 54

on August 22, 1990, and the chief justice's successors in office 55
shall become members of the commission on the day that they 56
assume the office of chief justice. The term of office of the 57
chief justice as a member of the commission shall continue for 58
as long as that person holds the office of chief justice. The 59
term of office of the member who is an attorney whose practice 60
of law primarily involves the representation of criminal 61
defendants, the term of office of the member who is an attorney 62
whose practice of law primarily involves the representation in 63
juvenile court of alleged delinquent children, unruly children, 64
and juvenile traffic offenders, and the term of office of the 65
former victim of a violation of Title XXIX of the Revised Code 66
shall be four years. The term of office of the superintendent of 67
the state highway patrol, the state public defender, the 68
director of youth services, and the director of rehabilitation 69
and correction, or their individual designees, as members of the 70
commission shall continue for as long as they hold the office of 71
superintendent of the state highway patrol, state public 72
defender, director of youth services, or director of 73
rehabilitation and correction. The term of office of a municipal 74
corporation or township peace officer as a member of the 75
commission shall be the lesser of four years or until that 76
person ceases to be a peace officer of a municipal corporation 77
or township. Unless the full-time city prosecuting attorney is 78
an elected official, the term of office of the full-time city 79
prosecuting attorney shall be the lesser of four years or until 80
the full-time city prosecuting attorney ceases to be a full-time 81
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As Introduced

city prosecuting attorney. All of the members of the commission 82

who are elected officials shall serve the lesser of four years 83
or until the expiration of their term of office. Any vacancy on 84
the commission shall be filled in the same manner as the 85
original appointment. 86

When the chief justice and governor make their 87

appointments to the commission, they shall consider adequate 88
representation by race and gender. 89

(B) The commission shall select a vice-chairperson and any 90

other necessary officers and adopt rules to govern its 91
proceedings. The commission shall meet as necessary at the call 92
of the chairperson or on the written request of eight or more of 93
its members. Sixteen members of the commission constitute a 94
quorum, and the votes of a majority of the quorum present shall 95
be required to validate any action of the commission. All 96
business of the commission shall be conducted in public 97
meetings. 98

The members of the commission shall serve without 99

compensation, but each member shall be reimbursed for the 100
member's actual and necessary expenses incurred in the 101
performance of the member's official duties on the commission. 102
In the absence of the chairperson, the vice-chairperson shall 103
perform the duties of the chairperson. 104

(C) The commission shall establish an office and shall 105

appoint and fix the compensation of a project director and any 106
other employees necessary to assist the commission in the 107
execution of its authority under sections 181.21 to 181.26 of 108
the Revised Code. The project director shall have a thorough 109
understanding of the criminal laws of this state and experience 110
in committee-oriented research. The other employees may include 111
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a research coordinator with experience and training in policy- 112

oriented research; professional staff employees with backgrounds 113
in criminal law, criminal justice, political science, or related 114
fields of expertise; administrative assistants; and secretaries. 115
The commission also may appoint and fix the compensation of 116
part-time data collectors, clerical employees, and other 117
temporary employees as needed to enable the commission to 118
execute its authority under sections 181.21 to 181.26 of the 119
Revised Code. 120

(D) The sentencing commission shall establish a standing 121

juvenile committee. The committee shall consist of the following 122
commission members: the chief justice of the supreme court or 123
the chief justice's designee, the director of youth services, 124
the three juvenile court judges, one court of common pleas judge 125
who is not a juvenile court judge, one county prosecuting 126
attorney who is experienced in the prosecution of cases in 127
juvenile court involving alleged delinquent children, unruly 128
children, and juvenile traffic offenders, the attorney whose 129
practice of law primarily involves the representation in 130
juvenile court of alleged delinquent children, unruly children, 131
and juvenile traffic offenders, the former victim of a violation 132
of Title XXIX of the Revised Code, the county commissioner, one 133
legislator from each political party, the sheriff, and one 134
municipal corporation or township peace officer who is 135
experienced in the investigation of cases involving juveniles. 136
The members of the commission may serve on the committee by 137
designation of the chief justice. The chief justice shall 138
designate a member to serve as chairperson of the committee. The 139
committee shall meet as necessary at the call of the chairperson 140
or on the written request of four or more of the committee's 141
members. A majority of the members of the committee shall 142
S. B. No. 133 Page 6
As Introduced

constitute a quorum, and the votes of a majority of the quorum 143

present shall be required to validate any action of the 144
committee, including recommendations to the commission. The 145
committee and the commission shall comply with section 181.26 of 146
the Revised Code. 147

(E)(1) The sentencing commission shall establish an ad 148

hoc, standing offender supervision study committee. The 149
committee shall consist of one member who is a person appointed 150
by the governor and the following twelve members appointed by 151
the commission: one active parole line officer; one active 152
probation officer; two members of the house of representatives 153
who shall not be members of the same political party; two 154
members of the senate who shall not be members of the same 155
political party; one judge of a court of common pleas; one 156
representative of the Ohio community corrections association; 157
the director of rehabilitation and corrections or the director's 158
representative; one county prosecuting attorney; the state 159
public defender, the state public defender's representative, or 160
a county public defender; and one sheriff. The members of the 161
commission may serve on the committee by designation of the 162
chief justice, to the extent that the members satisfy the 163
criteria for service on the committee. The chief justice shall 164
designate a member to serve as chairperson of the committee. The 165
committee shall select a vice-chairperson. The committee shall 166
meet as necessary at the call of the chairperson or on the 167
written request of four or more of the committee's members. In 168
the absence of the chairperson, the vice-chairperson shall 169
perform the duties of the chairperson. A majority of the members 170
of the committee shall constitute a quorum, and the votes of a 171
majority of the quorum present shall be required to validate any 172
action of the committee, including the content of reports and 173
S. B. No. 133 Page 7
As Introduced

recommendations to the commission. 174

The members of the committee who are not members of the 175
commission shall serve without compensation, but each such 176
member shall be reimbursed for the member's actual and necessary 177
expenses incurred in the performance of the member's official 178
duties on the commission. Section 181.21 of the Revised Code 179
applies to the members of the committee who are members of the 180
commission. 181

(2) The offender supervision study committee shall study 182

and review all issues related to the supervision of offenders, 183
including issues related to parole, community control, 184
probation, community corrections, and transitional control, and 185
issues related to interstate compact policies. The committee 186
shall submit a report to the commission not later than the 187
thirty-first day of December in each even-numbered year that 188
contains its findings with respect to the issues it studies and 189
reviews and recommendations regarding possible changes in the 190
law based on those findings. 191

The commission shall comply with division (D) of section 192

181.26 of the Revised Code with respect to the reports submitted 193
to it under this division. 194

(3) The sentencing commission may appoint persons who are 195
experts in issues related to the supervision of offenders to 196
assist the committee in the performance of its duties under 197
division (E)(2) of this section. No person appointed in a 198
capacity under this division may vote on any action of the 199
committee, including the content of any report or recommendation 200
to the commission. 201

Sec. 181.26. (A) In addition to its duties set forth in 202

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As Introduced

sections 181.23 to 181.25 of the Revised Code, the state 203

criminal sentencing commission shall do all of the following: 204

(1) Review all statutes governing delinquent child, unruly 205

child, and juvenile traffic offender dispositions in this state; 206

(2) Review state and local resources, including facilities 207

and programs, used for delinquent child, unruly child, and 208
juvenile traffic offender dispositions and profile the 209
populations of youthful offenders in the facilities and 210
programs; 211

(3) Report to the general assembly no later than October 212

1, 1999, a comprehensive plan containing recommendations based 213
on the reviews required under divisions (A)(1) and (2) of this 214
section. The recommendations shall do all of the following: 215

(a) Assist in the managing of the number of persons in, 216

and costs of, the facilities, the programs, and other resources 217
used in delinquent child, unruly child, and juvenile traffic 218
offender dispositions; 219

(b) Foster rehabilitation, public safety, sanctions, 220

accountability, and other reasonable goals; 221

(c) Provide greater certainty, proportionality, 222

uniformity, fairness, and simplicity in delinquent child, unruly 223
child, and juvenile traffic offender dispositions while 224
retaining reasonable judicial discretion; 225

(d) Provide for the restoration of victims of juvenile 226

offenses. 227

(B) The commission shall project the impact of the 228

comprehensive plan recommended by the commission under division 229
(A) of this section on state and local resources used in 230
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delinquent child, unruly child, and juvenile traffic offender 231

dispositions. The commission shall determine whether any 232
additional facilities, programs, or other resources are needed 233
to implement the comprehensive plan. 234

(C) If the general assembly enacts all or a substantial 235

part of the comprehensive plan recommended by the commission 236
under division (A) of this section, the commission shall do all 237
of the following: 238

(1) Assist in the implementation of the enacted plan; 239

(2) Monitor the operation of the plan, periodically report 240

to the general assembly on the plan's operation and the plan's 241
impact on resources used in delinquent child, unruly child, and 242
juvenile traffic offender dispositions, and periodically 243
recommend changes in the plan to the general assembly based on 244
this monitoring; 245

(3) Review all bills that are introduced in the general 246
assembly that relate to delinquent child, unruly child, and 247
juvenile traffic offender dispositions and assist the general 248
assembly in making legislation consistent with the plan. 249

(D) In addition to its duties set forth in sections 181.23 250

to 181.25 of the Revised Code and divisions (A) to (C) of this 251
section, the state criminal sentencing commission shall review 252
all reports submitted to it by the offender supervision study 253
committee under division (E)(2) of section 181.21 of the Revised 254
Code and, for each report so received, not later than ninety 255
days after receiving the report, shall submit a report to the 256
general assembly that contains the commission's recommendations 257
regarding possible changes in the law based on the findings of 258
the committee that are set forth in the report. In preparing its 259
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As Introduced

report to the general assembly, the commission shall consider 260

all findings and recommendations of the committee contained in 261
the report the committee submitted to the commission, and the 262
commission's report to the general assembly may be, but is not 263
required to be, the same as the report of the committee 264
submitted to the commission. 265

Sec. 5120.021. (A) The provisions of Chapter 5120. of the 266

Revised Code, as they existed prior to July 1, 1996, and that 267
address the duration or potential duration of incarceration or 268
parole or other forms of supervised release, apply to all 269
persons upon whom a court imposed a term of imprisonment prior 270
to July 1, 1996, and all persons upon whom a court, on or after 271
July 1, 1996, and in accordance with law existing prior to July 272
1, 1996, imposed a term of imprisonment for an offense that was 273
committed prior to July 1, 1996. 274

(B)(1) The provisions of Chapter 5120. of the Revised 275

Code, as they exist on or after July 1, 1996, and that address 276
the duration or potential duration of incarceration or 277
supervised release, apply to all persons upon whom a court 278
imposed a stated prison term for an offense committed on or 279
after July 1, 1996. 280

(2) The provisions of Chapter 5120. of the Revised Code, 281

as they exist on or after the effective date of this amendment 282
March 22, 2019, and prior to the effective date of this 283
amendment apply to an offender who is released from confinement 284
in a state correctional institution on or after that date March 285
22, 2019, and prior to the effective date of this amendment. 286

(3) The provisions of Chapter 5120. of the Revised Code, 287

as they exist on or after the effective date of this amendment, 288
apply to an offender who is released from confinement in a state 289
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As Introduced

correctional institution on or after that date. 290

(C) Nothing in this section limits or affects the 291

applicability of any provision in Chapter 5120. of the Revised 292
Code, as amended or enacted on or after July 1, 1996, that 293
pertains to an issue other than the duration or potential 294
duration of incarceration or supervised release, to persons in 295
custody or under the supervision of the department of 296
rehabilitation and correction. 297

Sec. 5120.038. (A) As used in this section,: 298

(1) "GPS-monitored offender" means an offender who, on or 299

after the effective date of divisions (C) to (E) of this 300
section, is released from confinement in a state correctional 301
institution under a conditional pardon, parole, other form of 302
authorized release, or transitional control that includes global 303
positioning system monitoring as a condition of the person's 304
release, or who, on or after that date, is placed under post- 305
release control that includes global positioning system 306
monitoring as a condition under the post-release control. 307

(2) "Law enforcement automated data system" means the law 308
enforcement automated data system, also known as LEADS, 309
established under section 5503.10 of the Revised Code. 310

(3) "Secondary entity" means an entity under contract with 311

a third-party contract administrator with which the department 312
of rehabilitation and correction has entered into a contract for 313
global positioning system monitoring of GPS-monitored offenders. 314

(B) Not later than June 30, 2019, the department of 315
rehabilitation and correction shall study the feasibility of 316
contracting with a third-party contract administrator for global 317
position system monitoring that would include a crime scene 318
S. B. No. 133 Page 12
As Introduced

correlation program that could interface by link with a 319

statewide database for GPS-monitored offenders. The study also 320
shall analyze conduct a study that analyzes the use of GPS 321
monitoring as a supervision tool. In conducting the study, the 322
department shall consider all of the following factors: 323

(1) The ability of the department or another state entity 324

to establish and operate a statewide internet database of GPS- 325
monitored offenders and the specific information that such a 326
database could include. 327

(2) The capability for a GPS monitoring system run by a 328

third-party contract administrator to include a crime scene 329
correlation program that interfaces by link with a statewide 330
database of GPS-monitored offenders. 331

(3) The ability of local law enforcement representatives 332

to remotely search a statewide internet database of GPS- 333
monitored offenders that is linked with a crime scene 334
correlation program. 335

(4) The capability for a GPS monitoring system with crime 336
scene correlation features to allow local law enforcement 337
representatives without a subpoena or warrant to access 338
information contained in the crime scene correlation program 339
about a GPS-monitored offender, including the offender's current 340
location, the offender's location at previous points in time, 341
the location of recent criminal activity in or near the 342
offender's inclusionary or exclusionary zones included as 343
restrictions under the offender's supervision, and any possible 344
connection between the offender's location and that recent 345
criminal activity. 346

(5) The ability of law enforcement representatives to 347

S. B. No. 133 Page 13
As Introduced

obtain, without a warrant or subpoena, information about a GPS- 348

monitored offender from either an employee of the department or 349
a third-party contract administrator who is monitoring the 350
offender, including information of the types listed in division 351
(B)(4) of this section. 352

(6) The types of offenders for whom GPS monitoring would 353
be beneficial, the appropriate length for monitoring, and the 354
costs related to GPS monitoring. 355

(C) Upon completion of the study specified in this 356

division (B) of this section, the department shall submit copies 357
of the study to the president and minority leader of the senate, 358
the speaker and minority leader of the house of representatives, 359
and the governor. 360

(C)(1) On and after the effective date of this amendment, 361

each global positioning system monitor that is used to monitor a 362
GPS-monitored offender shall specify and monitor restrictions 363
for the offender. The restrictions shall include for the 364
offender inclusionary zones and, to the extent necessary, 365
exclusionary zones, and may include for the offender a curfew 366
specifying times of required presence in the inclusionary zone 367
and any other reasonable restrictions. 368

(2) Each contract that the department of rehabilitation 369

and correction enters into on or after the effective date of 370
this amendment with a third-party contract administrator for 371
global positioning system monitoring of GPS-monitored offenders 372
shall require all of the following: 373

(a) That the global positioning system used by the 374

administrator, or by any secondary entity under contract with 375
the administrator to perform the actual monitoring of the 376
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As Introduced

offender, include a crime scene correlation program to which 377

access can be obtained as described in division (E)(2) of this 378
section; 379

(b) That the crime scene correlation program included in 380

the administrator's system, or in the system of a secondary 381
entity under contract with the administrator to perform the 382
actual monitoring of the offender, will allow local law 383
enforcement representatives or their designees to obtain, 384
without need for a subpoena or warrant, real-time access or 385
active global positioning system access to information contained 386
in the program about a GPS-monitored offender's location at that 387
time and, to the extent that it is available, at other previous 388
points in time identified by the representative or designee, 389
about the location of recent criminal activity in or near the 390
offender's inclusionary or exclusionary zones, and about any 391
possible connection between the offender's location and that 392
recent criminal activity; 393

(c) That the administrator, or the secondary entity under 394

contract with the administrator to perform the actual monitoring 395
of the offender, allow access to the crime scene correlation 396
program included in the administrator's or secondary entity's 397
system to law enforcement representatives as described in 398
division (E)(2) of this section; 399

(d) That the global positioning system used by the 400

administrator, or by any secondary entity under contract with 401
the administrator to perform the actual monitoring of the 402
offender, be monitored continuously and that the access 403
described in divisions (C)(2)(b) and (c) of this section be 404
afforded twenty-four hours a day and seven days a week. 405

(D)(1) On and after the effective date of this amendment, 406

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As Introduced

any third-party contract administrator used for global 407

positioning system monitoring of a GPS-monitored offender, and 408
any secondary entity under contract with such a third-party 409
contract administrator to perform the actual monitoring of a 410
GPS-monitored offender, shall comply in the monitoring of the 411
offender with system requirements of the department of 412
rehabilitation and correction that exist on that date for global 413
positioning system monitoring of such offenders. 414

(2) If, on the effective date of this amendment, the 415

department of rehabilitation and correction has not established 416
system requirements of the type described in division (D)(1) of 417
this section, within a reasonable period of time after that 418
effective date, the department shall establish system 419
requirements for global positioning system monitoring of GPS- 420
monitored offenders. After establishment of the requirements, 421
the department, any third-party contract administrator used for 422
global positioning system monitoring, and any secondary entity 423
under contract with such a third-party contract administrator to 424
perform the actual monitoring of a GPS-monitored offender, shall 425
comply with the established system requirements in the 426
monitoring of a GPS-monitored offender. 427

(E)(1)(a) As soon as possible after, but not later than 428

twelve months after, the effective date of this amendment, the 429
department of rehabilitation and correction shall adopt 430
procedures that the department and third-party contract 431
administrators that are being used for global positioning system 432
monitoring of a GPS-monitored offender shall use to provide to 433
the bureau of criminal identification and investigation the 434
information specified in division (E)(3) of this section for 435
each GPS-monitored offender being monitored by the department or 436
administrator. 437
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(b) On and after the date on which the department of 438

rehabilitation and correction adopts the procedures specified in 439
division (E)(1)(a) of this section, the department shall provide 440
to the bureau of criminal identification and investigation the 441
information specified in division (E)(3) of this section for 442
each GPS-monitored offender that is being monitored by the 443
department, and each third-party contract administrator that is 444
being used for global positioning system monitoring of a GPS- 445
monitored offender shall provide to the bureau the information 446
specified in division (E)(3) of this section for each GPS- 447
monitored offender that is being monitored by the administrator. 448
If the third-party contract administrator has contracted with a 449
secondary entity to perform the actual monitoring of a GPS- 450
monitored offender, the information the administrator provides 451
to the bureau also shall include the information specified in 452
division (E)(3) of this section for each GPS-monitored offender 453
that is being monitored by the secondary entity. The department 454
and each third-party administrator shall provide the information 455
in accordance with the procedures adopted by the department 456
under division (E)(1)(a) of this section. Upon receipt of such 457
information, the bureau immediately shall enter the information 458
into the law enforcement automated data system. The 459
superintendent of the state highway patrol shall ensure that the 460
law enforcement automated data system is so configured as to 461
permit the entry into, and transmission through, the system of 462
that information. 463

(c) If any information the department of rehabilitation 464

and correction provides under divisions (E)(1)(a) and (b) of 465
this section to the bureau of criminal identification and 466
investigation becomes inaccurate, the department immediately 467
shall update the information so that it is current and accurate 468
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As Introduced

and immediately provide the updated information to the bureau. 469

If any information a third-party contract administrator provides 470
under divisions (E)(1)(a) and (b) of this section to the bureau 471
of criminal identification and investigation, including any 472
information with respect to a secondary entity under contract 473
with the administrator, becomes inaccurate, the administrator 474
immediately shall update the information so that it is current 475
and accurate and immediately provide the updated information to 476
the bureau. Upon receipt of such updated information, the bureau 477
immediately shall enter the updated information into the law 478
enforcement automated data system. 479

(2) If a local law enforcement representative, through use 480

of the law enforcement automated data system or in any other 481
manner, learns the identity of, and contact information for, an 482
employee of the department who is monitoring a GPS-monitored 483
offender, the identity of, and contact information for, a third- 484
party contract administrator that is being used for global 485
positioning system monitoring of a GPS-monitored offender, or 486
the identity of, and contact information for, a secondary entity 487
under contract with such a third-party contract administrator to 488
perform the actual monitoring of a GPS-monitored offender, the 489
representative or another law enforcement officer designated by 490
the representative may contact the employee, the administrator, 491
or the secondary entity and, without need for a subpoena or 492
warrant, request real-time access or active global positioning 493
system access to information about the offender's location at 494
that time and at other previous points in time identified by the 495
representative or designee. Upon receipt of a request as 496
described in this division, the employee of the department, the 497
third-party contract administrator, or the secondary entity, 498
without need for a subpoena or warrant, shall provide the 499
S. B. No. 133 Page 18
As Introduced

representative or designee with the requested information 500

regarding the offender's location at that time and, to the 501
extent that it is available, at the other identified previous 502
points in time. A request under this division also may request 503
information that the employee, administrator, or secondary 504
entity has obtained about the location of recent criminal 505
activity in or near the GPS-monitored offender's inclusionary or 506
exclusionary zones, and about any possible connection between 507
the offender's location and that recent criminal activity, and, 508
upon receipt of such a request, the employee, administrator, or 509
secondary entity, without need for a subpoena or warrant, shall 510
provide the representative or designee with that information to 511
the extent that it is available. 512

(3) The information to be entered into the law enforcement 513

automated data system as required under division (E)(1) of this 514
section shall include, for each GPS-monitored offender for whom 515
the information is required, all of the following: 516

(a) The offender's name; 517

(b) The offense or offenses for which the offender is 518

subject to global positioning system monitoring and the 519
offender's other criminal history; 520

(c) The offender's residence address; 521

(d) The monitoring parameters and restrictions for the 522

offender, including all inclusionary zones, exclusionary zones, 523
and inclusionary zone curfews for the offender and all other 524
restrictions placed on the offender; 525

(e) The identity of, and contact information for, 526

whichever of the following is applicable: 527

(i) If an employee of the department is monitoring the 528

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As Introduced

offender, the employee; 529

(ii) If a third-party contract administrator is being used 530

for global positioning system monitoring of the offender, the 531
third-party contract administrator; 532

(iii) If a secondary entity under contract with a third- 533

party contract administrator is performing the actual monitoring 534
of a GPS-monitored offender, the secondary entity. 535

(f) All previous violations of the monitoring parameters 536

and restrictions applicable to the offender under the global 537
positioning system monitoring that then is in effect for the 538
offender. 539

Sec. 5120.113. (A) For each inmate committed to the 540

department of rehabilitation and correction, except as provided 541
in division (B) of this section, the department shall prepare a 542
written reentry plan for the inmate to help guide the inmate's 543
rehabilitation program during imprisonment, to assist in the 544
inmate's reentry into the community, and to assess the inmate's 545
needs upon release. 546

(B) Division (A) of this section does not apply to an 547

inmate who has been sentenced to life imprisonment without 548
parole or who has been sentenced to death. Division (A) of this 549
section does not apply to any inmate who is expected to be 550
imprisoned for thirty days or less, but the department may 551
prepare a written reentry plan of the type described in that 552
division if the department determines that the plan is needed. 553

(C) The department may collect, if available, any social 554

and other information that will aid in the preparation of 555
reentry plans under this section. 556

(D) In the event the department does not prepare a written 557
S. B. No. 133 Page 20
As Introduced

reentry plan as specified in division (A) of this section, or 558

makes a decision to not prepare a written reentry plan under 559
division (B) of this section or to not collect information under 560
division (C) of this section, that fact does not give rise to a 561
claim for damages against the state, the department, the 562
director of the department, or any employee of the department. 563

(E)(1) As used in this division, "target offender" means a 564

parolee, a releasee, or a prisoner otherwise released from a 565
state correctional institution with respect to whom both of the 566
following apply: 567

(a) The department of rehabilitation and correction or the 568

adult parole authority intends to require the parolee, releasee, 569
or prisoner to reside in a halfway house, reentry center, or 570
community residential center that has been licensed by the 571
division of parole and community services pursuant to division 572
(C) of section 2967.14 of the Revised Code during a part or for 573
the entire period of the prisoner's or parolee's conditional 574
release or of the releasee's term of post-release control. 575

(b) No halfway house, reentry center, or community 576

residential center that has been licensed as described in 577
division (E)(1) of this section will accept the prisoner, 578
parolee, or releasee to reside in the facility. 579

(2) Not later than twenty-four months after the effective 580
date of this amendment, the department, through the adult parole 581
authority, shall establish and implement a reentry program for 582
all target offenders. The program shall include a facility. The 583
program and facility shall satisfy all of the standards that the 584
division of parole and community services adopts in accordance 585
with Chapter 119. of the Revised Code for the licensure of 586
halfway houses, reentry centers, and community residential 587
S. B. No. 133 Page 21
As Introduced

centers. Upon the establishment and implementation of the 588

program and facility, the department or authority shall require 589
that all target offenders reside in the program's facility 590
during a part or for the entire period of the target offender's 591
conditional release or term of post-release control. 592

Sec. 5149.04. (A) Persons paroled, conditionally pardoned, 593

or released to community supervision shall be under jurisdiction 594
of the adult parole authority and shall be supervised by the 595
field services section through its staff of parole and field 596
officers in such manner as to insure as nearly as possible the 597
offender's rehabilitation while at the same time providing 598
maximum protection to the general public. All state and local 599
officials shall furnish such information to officers of the 600
section as they may request in the performance of their duties. 601

(B) The superintendent, or superintendents, of the field 602

services section shall be a person, or persons, especially 603
qualified by training and experience in the field of 604
corrections. The superintendent, or superintendents, shall 605
supervise the work of the section and shall formulate and 606
execute an effective program of offender supervision. The 607
superintendent, or superintendents, shall collect and preserve 608
any records and statistics with respect to offenders that are 609
required by the chief of the authority. The section also shall 610
include other personnel who are necessary for the performance of 611
the section's duties. 612

No person shall be appointed as a superintendent who is 613

not qualified by education or experience in correctional work 614
including law enforcement, probation, or parole work, in law, in 615
social work, or in a combination of the three categories. 616

(C) The superintendent, or superintendents, of the field 617

S. B. No. 133 Page 22
As Introduced

services section, with the approval of the chief of the 618

authority, may establish district offices for the section and 619
may assign necessary parole and field officers and clerical 620
staff to the district offices. 621

(D) The field services section in the exercise of its 622

supervision over offenders and persons conditionally pardoned 623
shall carry out all lawful orders, terms, and conditions 624
prescribed by the authority, the chief of the division of parole 625
and community services, or the governor. 626

(E)(1) As used in division (E) of this section: 627

(a) "Caseload" means the maximum number of persons 628

paroled, conditionally pardoned, or released to community 629
supervision who should be under the supervision of any parole or 630
field officer, based on the aggregate of the workload of the 631
officer for each of those persons. 632

(b) "Parole or field officer" means a parole or field 633

officer of the field services section. 634

(c) "Workload" means the minimum number of hours that a 635

parole or field officer is expected to dedicate to each person 636
paroled, conditionally pardoned, or released to community 637
supervision who is under the officer's supervision, based on the 638
person's risk classification. 639

(2) Not later than one year after the effective date of 640
this amendment, the adult parole authority shall establish 641
supervision standards for parole and field officers. The 642
standards shall include a specification of a caseload and a 643
workload for parole and field officers. The caseload and 644
workload specified in the standards shall comport with industry 645
standards set forth by the American probation and parole 646
S. B. No. 133 Page 23
As Introduced

association. 647

(3) Not later than two years after establishing the 648
standards required under division (E)(2) of this section, the 649
department of rehabilitation and correction shall ensure that 650
the field services section has enough parole and field officers 651
to comply with the standards and that the officers have been 652
trained to the extent required to comply with the standards. 653

Section 2. That existing sections 181.21, 181.26, 654

5120.021, 5120.038, 5120.113, and 5149.04 of the Revised Code 655
are hereby repealed. 656